A Practical Guide to Elder and Special Needs Law in South Carolina (SCBar)

Front Matter

• Front Matter

Part One: The Basics

• Chapter 1 Introduction
• Chapter 2 Ethics and Elder Law
• Chapter 3 Client Relations

Part Two: Planning for Death and Disability

• Chapter 1 Planning for Incapacity or Disability
• Chapter 2 Planning for the Client Who Is Disabled or Who Has a Spouse, Child, or Other Beneficiary Who Is Disabled
• Chapter 3 The Able Act
• Chapter 4 Planning for Death

Part Three: Available Government Benefits

• Chapter 1 Social Security
• Chapter 2 Supplemental Security Income
• Chapter 3 Medicare
• Chapter 4 Veteran's Benefits for Long Term Care
• Chapter 5 Medicaid

Part Four: Delivery of Care

• Chapter 1 Home Care
• Chapter 2 Nursing Home Care
• Chapter 3 Hospitals
• Chapter 4 Community Residential Care Facilities
• Chapter 5 Other Facilities and Services

Part Five: Funding the Cost of Long Term Care

• A. Introduction
• B. Medicare
• C. Self-funding
• D. Long Term Care Insurance
• E. The Reverse Mortgage
• F. Veteran's Benefits
• G. Medicaid

Part Six: Tax Aspects of Planning for Long Term Care and Disability

• A. Introduction
• B. Income Taxes and the Elderly or Disabled Client
• C. Understanding Capital Gains and Basis
• D. Sale of Principal Residence
• E. Is Social Security Taxable?
• F. The Taxation of Distributions from Iras and Retirement Plans
• G. Taxes and Caregiver Arrangements
• H. The Income Taxation of Trusts
• I. Real Property Taxes
• J. Conclusion

Part Seven: Accessing Medicaid for Long Term Care

• Chapter 1 Medicaid for Long Term Care
• Chapter 2 Financial Requirements for Medicaid for Nursing Home and Waiver Programs
• Chapter 3 Medicaid Planning

Part Eight: Using Medicaid Planning Ideas for Va Pension and Death Pension Planning

• A. Asset Transfers
• B. Caregiver Agreements
• C. Purchase a Home
• D. Buying a Car
• E. Paying Off Debt
• F. Purchase a Life Estate or Other Fractional Interest in the Home or Property of Another Person
• G. Purchase an Irrevocable Prepaid Funeral Contract
• H. Make Exempt Renovations to the Veteran's Primary Residence
• I. Transfer to Trust for Minor Incapable of Self-support
• J. Half-a-loaf Planning
• K. Death Planning
• L. A Word About Irrevocable Trusts and the Va
• M. Conclusion

Part Nine: Abuse, Neglect, and Exploitation

• A. Abuse, Neglect, and Exploitation Defined
• B. Trade Practices Targeting Vulnerable Adults
• C. Prevention Strategies
• D. Signs of Abuse, Neglect, and Exploitation
• E. Reporting and Investigating
• F. Identity Theft
• G. Protections for Children with Disabilities
• Exhibit 9.0.1 Table of Licensing and Accreditation for Each Type of Facility

Part Ten: Surrogate and Supported Decision Making

• Chapter 1 Decision Making
• Chapter 2 Court Removal of Decision Making Authority: Guardianship, Conservatorship, and Protective Proceedings

Practice Forms

• Practice Forms
• Part One: The Basics
• Part Two: Planning for Death and Disability
• Part Seven: Accessig Medicaid for Long Term Care